A Property24 reader asks:
I came across your website and would be grateful if you could give me some advice.
My neighbour lives overseas and only visits once a year. What can I do with regards to his alarm which keeps tripping and buzzing 24 hours and has been doing so for the last 2 months? This happens a few times a year.
The body corporate does nothing. They said that they have contacted the owner and the owner does not respond.
What is my legal position? Can I call the police? If not, who can help?
Phil Calothi, owner and Managing Director of the Cape Town based managing agent company, Land and Sea Development Services (Pty) Ltd, advises:
In the first instance, you need to know what legal rights you have which have to be enforced by your Board of Trustees.
One of their responsibilities is to manage the conduct of members in terms of the Conduct Rules of your Body Corporate. There is a schedule of rules which are prescribed in the Sectional Titles Act and each Body Corporate can add extra conduct rules which are specifically relevant to their specific situation and which must be registered in the Deeds Office for them to be legal.
These extra rules are normally registered by the developer but can also be registered or amended later by the members of the Body Corporate.
Noise/public nuisance (e.g. unattended alarms) is not one of the prescribed rules and responsible developers usually register various rules with regard to noise and how they should be enforced by the Trustees, which includes a prescribed fining procedure.
I would recommend that you take the following steps:
- Obtain a copy of the registered conduct rules of your Body Corporate from your Chairman and determine whether there are any rules with regard to noise.
- If there are any rules and enforcement procedures in that regard, demand that they are implemented by the Trustees.
- If none exist, you should ask the company managing the security in your building for assistance AND make a formal request to your Board of Trustees to compile a new rule in that regard and ensure that it is approved in the correct way by the members and enforced in the future.
- You can certainly call the Police at any time in this regard and lay a charge but I would not have much confidence of them achieving anything these days.
Readers' Comments Have a comment about this article? Email us now.
Very simple. Disconnect his electricity, battery only lasts for so long. - Merve'
I live in Florida North on the west Rand. Had the same problem with a neighbour whose alarm is 2 metres from my bedroom, the owners would go away and leave the neighbourhood to listen to the noise. I was advised to phone Environment Health, Policing Health Inspector, the phone number in Florida was 011 761 0217. I spoke to Andiswa, who was so helpful, within two weeks they sent a letter to the neighbour, and the problem was solved. I’m sure every municipality will have an Environment Health department. - Barbara
Solution: Lobby the neighbours and each go and lay a breach of the peace complaint at the magistrates' court. I and one or two of my neighbours did the same against a bunch of selfish people who had been causing a nuisance. Within a week they received a formal warning from the magistrate. They 'bravely' carried on making noise, although much less, for about 2 days, then fell silent and stayed that way, finish and klaar. - Chris
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